POSH (Prevention, Prohibition and Redressal) Act of 2013 succeeding the Vishaka Guidelines for Deterring and Prevention of Sexual Harassment of Women at Work. Every employer is required to be POSH compliant, provide a safe workplace, and have a duty to prevent sexual harassment against women as specified in the Act. All organizations must implement several additional measures to ensure compliance with the law.
Questions are often asked regarding the necessity of POSH compliance for start-ups and corporates. While the simple answer is "yes", there are a few factors that start-ups and corporates should keep in mind when prioritizing POSH compliance:
The Prevention of Sexual Harassment (POSH) Act mandates POSH compliance for workplaces with ten or more employees, including interns, contracts, and part-time.
Failure to comply may result in legal repercussions and fines.
Your organization must adhere to POSH standards to establish a safety culture.
What does it take to comply with POSH?
As an employer, you must meet several responsibilities for your organization to be POSH compliant. Here are some ways your organization can ensure compliance:
- Creating an Internal complaints committee
- Appoint POSH Expert external members
- Raising awareness about POSH laws.
- Changes to employment contracts
- Compliance with POSH Annual Report
An internal committee is a judicial body formed within a company with at least 10 employees. For an IC to be developed, the employer must pass a written order. If the organization is running as a private limited company, for example, a Board Resolution should be passed approving the constitution of the IC. A sexual harassment complaint must be handled and redressed by the IC.
Responsibilities of IC
When an IC is formed, the organization authorizes the IC to:
Developing the organization's Sexual Harassment Policy
Assuring a safe and respectful work environment
Schedule regular training and awareness programs (classroom / eLearning).
Conducting meetings:
If an employee files a written complaint,
To resolve grievances
Sexual harassment and misconduct should be adequately compensated.
The IC should have three types of members. They are:
A senior-level female employee will serve as the chairperson of the Internal Committee. This is to make the IC more accessible to women.
The Internal Compliant Committee should also include two or more employees with decent legal knowledge, social work experience, or commitment to the cause of women.
It is recommended that the IC include an external member who is not affiliated with the organization except as an outer member. Individuals should be familiar with issues regarding sexual harassment or belong to an organization or association that promotes women's rights.
Awareness of POSH Laws
To ensure that employees are appropriately informed about the POSH laws and the process for resolving complaints, the employer should hold workshops, seminars, and orientations. The awareness should be for members as well as employees too. ICC Members should attend training to understand their responsibilities and ethics. Employers are also required to display appropriate notices at their workplace about the consequences of sexual harassment, as well as information about the composition and membership of the ICC.
Drafting POSH Policy and Employment Contracts
To implement POSH, the organization must draft a POSH policy that specifies the processes and steps involved. According to the law, every company must have a POSH policy. To prevent, combat, and redress sexual harassment, promote gender-sensitive safe spaces and remove underlying factors contributing to a hostile work environment. When an employee violates an organization's POSH policy, the offer letter and employment contract must state the company's commitment to ensuring a safe workplace. Employees should be aware of the organization's commitment to maintaining a safe workplace and any disciplinary or legal action they might face for violating their employers' POSH policies.
For a POSH policy in your company, you may need the help of an HR Compliant service.
Submit a POSH Annual Report
The Internal Committee must file an annual report following section 21 of the POSH Act 2013. The Act mentions, "An annual report shall be prepared by the Internal Committee or the Local Committee, as the case may be, and delivered to the employer and the District Officer.”
Additionally, the annual report will contain the following information:
The total number of sexual harassment complaints received.
The total number of sexual harassment complaints that have been addressed and resolved.
The number of sexual harassment complaints that have been under investigation for more than 90 days.
The total number of employees besides the number of employees attending the training in POSH awareness.
The nature of the action undertaken by the organization or district officer.
Section 22 of the POSH Act 2013 also states that "Employers must include in their annual report the number of cases filed under this Act and how they were resolved, or, in the absence of a report, please inform the District Officer."
Get in touch with OBOX HR before you file your Annual Report for POSH, which has to be submitted by 31st January every year to ensure that you comply. OBOX aims to make businesses compliant and work environments safer for better teamwork and growth. Let's work together to make workplaces law-abiding, safer and more productive.
